Judiciary

Exceptions to concealed carry permit process passed

A person will be disqualified from receiving a concealed carry permit for convictions, rather than criminal charges, under a bill passed by the Legislature April 18.

Currently, the permit application of a person with any “violations of law” can be rejected on that basis alone. LB807, introduced by Omaha Sen. Scott Lautenbaugh, clarifies the statute to refer to convictions instead of violations of law.

A hunting and fishing violation will not immediately disqualify a person unless he or she has been charged with:
• hunting from an aircraft;
• shooting from a highway; or
• possessing a loaded weapon on a highway.

The bill also clarifies language with regard to automatic revocation of permits. A permitholder convicted of a violation that occurred on property owned by the state or any political subdivision may have his or her permit revoked. If the violation did not occur on property owned by the state or political subdivision will not have his or her permit revoked but may face revocation for any second or subsequent offense.

The bill incorporated provisions of LB538, which originally was introduced by Sen. Russ Karpisek. These provisions require that a firearm taken by a law enforcement agency for safekeeping but not used to commit a crime must be returned to its owner without a court order.

Senators passed the bill on a 48-1 vote.

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